Officer Report Recommendation

Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: 31.05.2012 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the residential curtilage of The Rookery, a two storey corner plot semi-detached building comprising flats sited on the eastern side of the access road to Hilary Park, Douglas. Hilary Park links Derby Road (south) to Hilary Road (North).
2. The existing dwelling is finished in a white painted render with a form of a cross gabled roof. The Rookery is open at the front and adjoins 'Elworth House' from the northeast/east elevation.
3. The street scene of Hilary Park and surrounding locality is very mixed in respect of dwelling and building designs. South west of the application site the properties are semi-detached will small front yards and low rise walls bounding the dwellings to the highway. To east of the application site is the rear of the Masonic Lodge and the associated car park.

The Proposal

1. Proposed is the installation of replacement windows on the west, north and south elevations of the existing dwelling.
2. The proposal comprises to replace the existing timber single glazed windows with UPVC to match the existing opening and style. The only window to be replaced that would be different to the existing is the sliding sash first floor south elevation window. This is to be replaced with a double one side opening with top opening above to match the other existing windows that are proposed for the dwelling.

Planning History

1. The application site has not been the subject of one previous planning application in 2000 that is not considered specifically material to the assessment of this current planning application.

Planning Policy

Application No.:	12/00689/B
Applicant:	Selton Limited
Proposal:	Installation of replacement windows
Site Address:	The Rookery Hilary Park Douglas Isle Of Man IM2 3ED

1. In terms of local plan policy, the application site is in area recognised as being predominantly residential under the Douglas Local Plan Order 1998 Map No. 2 (South). The application site is within the Woodbourne Road Conservation Area.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:

General Policy 2 states:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (g) does not affect adversely the amenity of local residents or the character of the locality;

Environmental Policy 35 states:

"Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

1. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:

"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the original method of opening, whatever the material used in the construction."

REPRESENTATIONS

1. At the time of writing there have been no written representations made regarding the current planning application.

ASSESSMENT

1. Given the nature of the proposal and location of the application site it is imperative to consider the visual impacts of the proposal on the existing dwelling and Conservation Area and street scene of Hilary Park.

1. Environment Policy 35 states that development within a Conservation Area will only be permitted if the development would preserve or enhance the character or appearance of the area. The replacement of the existing windows are not considered to have a harmful and damaging impact on the appearance of the Conservation Area and street scene of Hilary Park and surrounding area. The windows will replicate what exists, albeit they will be of PVC material, and have a similar appearance to what is existing at present and are therefore judged to be an appropriate form of development. PVC windows are more resistant to

weather conditions than timber framed and would not rot as the timber framed windows tend to do so giving an untidy and subsequently causing a detrimental appearance to dwellings and surrounding areas.

1. Planning Circular 1/98 – The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals. As the proposed windows do replicate the original method of opening it is concluded that the planning application is in accordance with the provisions of Planning Circular 1/98.

1. Overall, it is concluded that the planning application is in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and the provisions of Planning Circular 1/98 – The Alteration and Replacement of Windows Part 6 Category b.

RECOMMENDATION

1. It is recommended that the planning application be permitted.

PARTY STATUS

1. The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 15.06.2012 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval for the installation of replacement windows relates to Drg No PA 01, PA 02, PA 03, PA 04 and PA 05 all date stamped 9th May 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 15.6.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : Spohouett Sarah Corlett Senior Planning Officer

Signed: _________________________ Jennifer Chance Development Control Manager